If a landlord fails to fix a broken lock, it can lead to preventable break-ins. If a shopping mall fails to replace broken lights in a parking garage, it can leave shoppers vulnerable to assault and robbery. When cases like these result in injuries, they are examples of negligent security, a type of premises liability claim where the property owners failed to maintain a safe environment, allowing preventable harm from foreseeable criminal acts.
If you suffer an injury as a result of negligent security, you not only have a criminal case against the perpetrator, but also a personal injury case against the property owner.
In New York, property owners have a duty of care to maintain safe environments for visitors to that property; clear lapses in security that might have prevented your injuries may constitute a breach of that duty, constituting legal negligence. This means that negligent security cases fall under premises liability.
In this article, we’ll cover the definition of negligent security, what as well as when to reach out to a premises liability attorney in New York.
What is Negligent Security?
Broadly defined, negligent security is when a property owner does not take adequate measures to prevent a foreseeable crime. Common examples include:
- Insufficient Lighting: If an area does not include sufficient lighting, including if the lights are broken or burned out, it can be considered negligent security. This is common in parking lots, garages, stairwells, and hallways.
- Insufficient Security Staff: Security guards may be untrained or unqualified, or a property owner might fail to hire security guards when they are obviously necessary. Furthermore, if security is inattentive, absent, or asleep, it may constitute negligent security.
- Missing or Broken Security Cameras: Security cameras are often considered essential, allowing security personnel to monitor and respond to situations on a property, as well as providing a deterrent. If missing cameras resulted in your injuries, you may have a negligent security case.
- Broken or Missing Locks: Often locks on doors and windows can be missing or broken, leaving an obvious opportunity for break-ins, leaving residents or customers vulnerable.
Key Elements of a Negligent Security Case
For your negligent security case to succeed, your New York premises liability attorney must prove the following:
- You were on the property lawfully. This means you were a customer of a store, a tenant in an apartment complex, or an invited guest. In any of these cases, the property owner owes you a duty of care.
- The property owner failed to provide security. This means the property owner did not take the steps that could have prevented a foreseeable crime.
- The security failure led to your injuries. This means you were the victim of a foreseeable crime that could have been prevented with proper security measures.
- You suffered damages as a result. This could include medical bills, lost wages, loss of property, pain and suffering (including damage to your mental health), or even wrongful death.
Common Defenses from Property Owners
Remember that property owners will fight your claim; they will often say that only the criminal is to blame, that their security measures were good enough, or even try to blame you for carelessness. Don’t let property owners off the hook or allow them to blame you, the victim. Buttafuoco & Associates has the legal expertise and the grit to get you the compensation you deserve, holding property owners accountable for negligent security.
Call 1-800-NOW-HURT for a free consultation with an experienced premises liability lawyer serving New York.
